Common use of Waivers and Acknowledgments Clause in Contracts

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateral.

Appears in 11 contracts

Samples: And Guaranty Agreement (Dana Holding Corp), And Guaranty Agreement (Dana Holding Corp), Credit Agreement (Chemtura CORP)

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Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice (except as expressly provided under the Loan Documents) with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any CollateralPerson.

Appears in 11 contracts

Samples: Term Loan Agreement (Digital Realty Trust, L.P.), Credit Agreement (Digital Realty Trust, L.P.), Global Senior Credit Agreement (Digital Realty Trust, L.P.)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party Lender protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateralcollateral.

Appears in 10 contracts

Samples: Credit Agreement (Packaging Corp of America), Credit Agreement (Packaging Corp of America), Credit Agreement (Packaging Corp of America)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance and acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and, except for those notices specified under this Agreement, any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Lender Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateral.

Appears in 10 contracts

Samples: Loan Credit Agreement (Express, Inc.), Security Agreement (Express, Inc.), Security Agreement (Express, Inc.)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, presentment, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party Beneficiary protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party the Borrower or any other Person or any Collateralcollateral.

Appears in 10 contracts

Samples: Credit Agreement (Isramco Inc), Guaranty Agreement (Callon Petroleum Co), Security Agreement (Holly Energy Partners Lp)

Waivers and Acknowledgments. (a) Each Guarantor Guarantor, to the extent not prohibited by applicable law, hereby unconditionally and irrevocably waives promptness, diligence, presentment, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party the Borrower or any other Person or any Collateralcollateral.

Appears in 9 contracts

Samples: Credit Agreement (Nine Energy Service, Inc.), Credit Agreement (Nine Energy Service, Inc.), Credit Agreement (NCS Multistage Holdings, Inc.)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives waives, to the extent permitted by applicable Law, promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Agreement and any requirement that the Administrative Agent or any other Secured Credit Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any CollateralPerson.

Appears in 8 contracts

Samples: Assignment and Assumption (Teradata Corp /De/), Revolving Credit Agreement (Teradata Corp /De/), Revolving Credit Agreement (Teradata Corp /De/)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives waives, to the maximum extent permitted by applicable law, promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateral.

Appears in 7 contracts

Samples: Subsidiary Agreement, Credit Agreement, Subsidiary Guaranty (Syniverse Holdings Inc)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Lender Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateralcollateral.

Appears in 7 contracts

Samples: Credit Agreement (Easterly Government Properties, Inc.), Credit Agreement (Easterly Government Properties, Inc.), Credit Agreement (Easterly Government Properties, Inc.)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Facility Guaranty and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party Obligor or any other Person or any Collateral.

Appears in 7 contracts

Samples: Loan and Security Agreement (P&f Industries Inc), Loan and Security Agreement (P&f Industries Inc), Loan and Security Agreement (P&f Industries Inc)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, the Guaranty and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateral.

Appears in 6 contracts

Samples: Credit Agreement (Colfax CORP), Credit Agreement (Colfax CORP), Credit Agreement (Colfax CORP)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party Lender protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateralcollateral.

Appears in 6 contracts

Samples: Stock Purchase Agreement (Trinity Place Holdings Inc.), Credit Agreement (Trinity Place Holdings Inc.), Credit Agreement (Summit Hotel Properties, Inc.)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Lender Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateral.

Appears in 6 contracts

Samples: Credit Agreement (Maguire Properties Inc), Credit and Guaranty Agreement (US Power Generating CO), Credit Agreement (Maguire Properties Inc)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party Obligor or any other Person or any Collateral.

Appears in 6 contracts

Samples: S. Guarantee Agreement, Guarantee Agreement (United Rentals North America Inc), Guarantee Agreement (United Rentals North America Inc)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, presentment, notice of acceptance and any other notice (other than any notices required by the Loan Documents) with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Lender Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party the Borrower or any other Person or any CollateralPerson.

Appears in 5 contracts

Samples: Guaranty Agreement, Guaranty Agreement (EnLink Midstream, LLC), Guaranty Agreement (EnLink Midstream Partners, LP)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives waives, to the full extent permitted by law, promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party Lender protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any CollateralPerson.

Appears in 5 contracts

Samples: Credit Agreement (Littelfuse Inc /De), Credit Agreement (Littelfuse Inc /De), Loan Agreement (Littelfuse Inc /De)

Waivers and Acknowledgments. (a) Each The Guarantor hereby unconditionally and irrevocably waives waives, to the maximum extent permitted by applicable law, promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateral.

Appears in 5 contracts

Samples: Credit Agreement, Holdings Guaranty (Syniverse Holdings Inc), Credit Agreement (Syniverse Holdings Inc)

Waivers and Acknowledgments. (a) Each To the extent permitted by law, each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateral.

Appears in 4 contracts

Samples: Credit Agreement (Alliance Resource Partners Lp), Security Agreement (Alliance Resource Partners Lp), Security Agreement (Alliance Holdings GP, L.P.)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party Lender protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateral.

Appears in 4 contracts

Samples: Security Agreement (Eastman Kodak Co), Security Agreement (Eastman Kodak Co), Credit Agreement

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, marshaling, presentment, demand for payment or performance, notice of nonpayment or nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed First Lien Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateral.

Appears in 4 contracts

Samples: First Lien Credit Agreement (Aleris Corp), Intellectual Property Security Agreement (EWT Holdings I Corp.), First Lien Credit Agreement (EWT Holdings I Corp.)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent Agent, any Lender Party or any other Secured Party Hedge Bank protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateralcollateral.

Appears in 4 contracts

Samples: Credit Agreement (Hersha Hospitality Trust), Credit Agreement (Hersha Hospitality Trust), Credit Agreement (Hersha Hospitality Trust)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against the Borrower, any other Loan Party Guarantor or any other Person or any Collateral.

Appears in 4 contracts

Samples: Subsidiary Guaranty (Audio Book Club Inc), Security Agreement (Inphynet South Broward Inc), Credit Agreement (Audio Book Club Inc)

Waivers and Acknowledgments. (a) Each Guarantor Guarantor, to the extent not prohibited by applicable law, hereby unconditionally and irrevocably waives promptness, diligence, presentment, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto Property or exhaust any right or take any action against any other Loan Party the Borrower or any other Person or any Collateralcollateral.

Appears in 4 contracts

Samples: Credit Agreement (Berry Petroleum Corp), Credit Agreement (Berry Petroleum Corp), Credit Agreement (Jagged Peak Energy Inc.)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, and any requirement that the Administrative Agent or any other Secured Party Lender protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateral.

Appears in 4 contracts

Samples: Loan Agreement (Republic Airways Holdings Inc), Credit and Security Agreement (Ata Holdings Corp), Credit and Security Agreement

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guarantee Agreement and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateral.

Appears in 4 contracts

Samples: Security Agreement (Chiquita Brands International Inc), Security Agreement (Chiquita Brands International Inc), Security Agreement (Chiquita Brands International Inc)

Waivers and Acknowledgments. (a) Each Guarantor Guarantor, to the extent not prohibited by applicable law, hereby unconditionally and irrevocably waives promptness, diligence, presentment, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party the Borrower or any other Person or any Collateral.

Appears in 4 contracts

Samples: Guaranty Agreement (Hi-Crush Partners LP), Credit Agreement (Hi-Crush Partners LP), Credit Agreement (Hi-Crush Partners LP)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Facility Guaranty and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Credit Party or any other Person or any Collateral.

Appears in 4 contracts

Samples: Loan Agreement (Capella Healthcare, Inc.), Loan and Security Agreement (Capella Healthcare, Inc.), Loan and Security Agreement (Lawton Surgery Investment Company, LLC)

Waivers and Acknowledgments. (a) Each Subsidiary Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateral.

Appears in 4 contracts

Samples: Subsidiary Guaranty (ZoomInfo Technologies Inc.), Credit Agreement (Zekelman Industries, Inc.), Subsidiary Guaranty (ZoomInfo Technologies Inc.)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives waives, to the fullest extent permitted by law, promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateral.

Appears in 3 contracts

Samples: Guaranty (Nortek Inc), Credit Agreement (Nortek Inc), Credit Agreement (NTK Holdings, Inc.)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, intent to accelerate, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative any Agent or any other Secured Lender Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateral.

Appears in 3 contracts

Samples: Credit Agreement (Trump Entertainment Resorts, Inc.), Credit Agreement (Trump Entertainment Resorts Holdings Lp), Credit Agreement (Trump Entertainment Resorts Holdings Lp)

Waivers and Acknowledgments. (a) Each Guarantor Holding hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, and any requirement that the Administrative Agent or any other Secured Lender Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateral.

Appears in 3 contracts

Samples: Credit Agreement (Quality Stores Inc), Credit Agreement (Quality Stores Inc), Credit Agreement (Central Tractor Farm & Country Inc)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guarantee and any requirement that the Administrative Agent or any other Secured Lender Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateral.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Kbr, Inc.), Assignment and Acceptance (Kbr, Inc.), Assignment and Acceptance (Kbr, Inc.)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, presentment, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party the Borrower or any other Person or any Collateral.

Appears in 3 contracts

Samples: Possession Credit Agreement (Carbo Ceramics Inc), Restructuring Support Agreement (Carbo Ceramics Inc), Credit Agreement (Carbo Ceramics Inc)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives waives, to the fullest extent permitted by applicable law, promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateral.

Appears in 3 contracts

Samples: Junior Lien Term Loan Credit Agreement (McClatchy Co), Credit Agreement (Polycom Inc), Credit Agreement (Polycom Inc)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives waives, to the maximum extent permitted by applicable law, promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guarantee and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party Obligor or any other Person or any Collateral.

Appears in 3 contracts

Samples: Guarantee Agreement (Warner Music Group Corp.), Guarantee Agreement, Guarantee Agreement (Warner Music Group Corp.)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, the Guaranty and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or Lender exhaust any right or take any action against any other Loan Party or any other Person or any CollateralPerson.

Appears in 3 contracts

Samples: Credit Agreement (ESAB Corp), Credit Agreement (ESAB Corp), Credit Agreement (Colfax CORP)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateral.

Appears in 3 contracts

Samples: Term Facility Credit and Guaranty Agreement (Capmark Financial Group Inc.), Senior Secured Credit Agreement (Republic Airways Holdings Inc), Possession Credit Agreement (Us Airways Group Inc)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance and acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and, except for those notices specified under this Agreement, any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party Lender protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateral.

Appears in 3 contracts

Samples: Asset Based Term Loan Agreement (Express, Inc.), Security Agreement (Express, Inc.), Loan Agreement (Express, Inc.)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, presentment, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party the Borrower or any other Person or any Collateralcollateral.

Appears in 3 contracts

Samples: Credit Agreement (Carbo Ceramics Inc), Credit Agreement (Range Resources Corp), Guaranty Agreement (Carbo Ceramics Inc)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, protest, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty or the rights of the Secured Parties under this Guaranty and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateral.

Appears in 3 contracts

Samples: Credit Agreement (Uniroyal Chemical Co Inc), Credit Agreement (Crompton & Knowles Corp), Subsidiary Guaranty (Uniroyal Chemical Co Inc)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent Agent, any Lender or any other Secured Party Hedge Bank protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateralcollateral.

Appears in 3 contracts

Samples: Term Loan Agreement (Hersha Hospitality Trust), Term Loan Agreement (Hersha Hospitality Trust), Term Loan Agreement (Hersha Hospitality Trust)

Waivers and Acknowledgments. (a) Each Guarantor Guarantor, to the extent not prohibited by applicable law, hereby unconditionally and irrevocably waives promptness, diligence, presentment, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party the Borrower or any other Person or any Collateral.collateral. Exhibit C – Form of Guaranty Agreement

Appears in 3 contracts

Samples: Credit Agreement (Forum Energy Technologies, Inc.), Credit Agreement (Forum Energy Technologies, Inc.), Credit Agreement (Forum Energy Technologies, Inc.)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives waives, to the extent permitted by applicable Law, promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Agreement and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateral.

Appears in 3 contracts

Samples: Credit Agreement (Spansion Inc.), Revolving Credit Agreement (Spansion Inc.), Guaranty Agreement (Spansion Inc.)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives waives, to the extent permitted by applicable Laws, promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Agreement and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateral.

Appears in 3 contracts

Samples: Guaranty Agreement (NXT-Id, Inc.), Guaranty Agreement (NXT-Id, Inc.), Guaranty Agreement

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, marshaling, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against the Company, any other Loan Party Guarantor or any other Person or any Collateralcollateral.

Appears in 2 contracts

Samples: Credit Agreement (Perspecta Inc.), Credit Agreement (Perspecta Inc.)

Waivers and Acknowledgments. (a) Each Borrower and each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party Party, or any Specified Hedge Agreement Subsidiary or any other Person or any Collateral.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Dana Inc), Credit and Guaranty Agreement (Dana Inc)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party Party, any Guarantor or any other Person or any Collateral.

Appears in 2 contracts

Samples: Subsidiary Guaranty (Del Monte Foods Co), Subsidiary Guaranty (Del Monte Foods Co)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Guaranteed Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateralcollateral.

Appears in 2 contracts

Samples: Credit Agreement (Lubrizol Corp), Credit Agreement (Sealed Air Corp/De)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Guaranteed Noteholder Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateral.

Appears in 2 contracts

Samples: Subsidiary Guaranty (Aegis Communications Group Inc), Aegis Communications Group Inc

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice (except as expressly provided under the Loan Documents) with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Guarantied Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any CollateralPerson.

Appears in 2 contracts

Samples: Term Loan Agreement (Digital Realty Trust, L.P.), Term Loan Agreement (Digital Realty Trust, L.P.)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, presentment, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or Agent, the Issuing Agent, and/or any other Secured Party Lender protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party Borrower or any other Person or any Collateralcollateral.

Appears in 2 contracts

Samples: Credit Agreement (Mariner Energy Resources, Inc.), Credit Agreement (Mariner Energy Inc)

Waivers and Acknowledgments. (a) Each The Borrower and each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party Party, or any Specified Hedge Agreement Subsidiary or any other Person or any Collateral.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Dana Inc), Credit and Guaranty Agreement (Dana Inc)

Waivers and Acknowledgments. (a) Each Guarantor of the Guarantors hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Lender Party protect, secure, perfect or insure any Lien or on any property or assets at any time subject thereto or exhaust any right or take any action against any other Loan Party the Borrower or any other Person or any Collateralcollateral.

Appears in 2 contracts

Samples: Credit Agreement (Beckman Instruments Inc), Beckman Instruments Inc

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party Lender protect, secure, perfect or insure any Lien lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateral.

Appears in 2 contracts

Samples: Security Agreement (Asbury Automotive Group Inc), Credit Agreement (Asbury Automotive Group Inc)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, presentment, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Credit Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party Borrower or any other Person or any Collateralcollateral.

Appears in 2 contracts

Samples: Credit Agreement (Mariner Energy Resources, Inc.), Credit Agreement (Mariner Energy Inc)

Waivers and Acknowledgments. (a) Each To the extent permitted by law, each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party Lender protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateralcollateral.

Appears in 2 contracts

Samples: Credit Agreement (Alliance Resource Partners Lp), Term Loan Agreement (Alliance Resource Partners Lp)

Waivers and Acknowledgments. (am) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Agreement and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateral.

Appears in 2 contracts

Samples: Guaranty (Midway Gold Corp), Midway Gold Corp

Waivers and Acknowledgments. (a) Each Guarantor of the Guarantors hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Lender Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party the Borrowers or any other Person or any Collateral.

Appears in 2 contracts

Samples: Pledge Agreement (Paxar Corp), Credit Agreement (Paxar Corp)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives waives, to the extent permitted by applicable Law, promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Guarantied Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party Lender protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateral.

Appears in 2 contracts

Samples: Credit Agreement (Crown Castle International Corp), Credit Agreement (Crown Castle International Corp)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, First Lien Guaranty and any requirement that the Administrative Agent or any other Secured Lender Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateral.

Appears in 2 contracts

Samples: First Lien Credit Agreement (Dynegy Inc /Il/), Credit Facility Agreement (Dynegy Inc /Il/)

Waivers and Acknowledgments. (a) Each The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, protest, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty or the rights of the Secured Parties under this Guaranty and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateral.

Appears in 2 contracts

Samples: Credit Agreement (Crompton & Knowles Corp), Credit Agreement (Uniroyal Chemical Co Inc)

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Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Guaranteed Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateral.

Appears in 2 contracts

Samples: Bridge Loan Agreement (Sandridge Energy Inc), Security Agreement (Sandridge Energy Inc)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives (to the extent permitted by law) promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateral.

Appears in 2 contracts

Samples: Guaranty (Chemtura CORP), Guaranty (Chemtura CORP)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Lender Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any CollateralPerson.

Appears in 2 contracts

Samples: Credit Agreement (Kansas City Southern), Credit Agreement (Kansas City Southern)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Lender Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateralcollateral.

Appears in 2 contracts

Samples: Credit Agreement (Symantec Corp), Credit Agreement (Td Ameritrade Holding Corp)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives waives, to the extent permitted by Law, promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Agreement and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateral.

Appears in 1 contract

Samples: Security Agreement (Global Power Equipment Group Inc/)

Waivers and Acknowledgments. (a) Each The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Lender Party protect, secure, perfect or insure any Lien lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party the Borrower or any other Person or any Collateralcollateral security.

Appears in 1 contract

Samples: Sodexho Alliance S A

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateral.any

Appears in 1 contract

Samples: Credit Agreement (Granite Point Mortgage Trust Inc.)

Waivers and Acknowledgments. (a) Each The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party Lender protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateral.

Appears in 1 contract

Samples: International Wireless Communications Holdings Inc

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent any Lender Party or any other Secured Party Hedge Bank protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateral.

Appears in 1 contract

Samples: Credit Agreement (Madison River Capital LLC)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, presentment, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto Property or exhaust any right or take any action against any other Loan Party Borrower or any other Person or any Collateralcollateral.

Appears in 1 contract

Samples: Guaranty Agreement (CorEnergy Infrastructure Trust, Inc.)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, protest, notice of non-performance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateralcollateral.

Appears in 1 contract

Samples: Pledge and Security Agreement (Mens Wearhouse Inc)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent Agents or any other Secured Lender Party protect, secure, perfect or insure any Lien security interest or Lien, or any property or assets subject thereto thereto, or exhaust any right or take any action against any other Loan Party the Borrowers or any other Person (including any Guarantor) or entity or any Collateralcollateral securing any Guaranteed Obligations.

Appears in 1 contract

Samples: Credit Agreement (Guess Inc)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, marshaling, presentment, demand for payment or performance, notice of nonpayment or nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed ABL Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateral.

Appears in 1 contract

Samples: Intellectual Property Security Agreement (GMS Inc.)

Waivers and Acknowledgments. (a) Each The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Lender Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party the Borrower or any other Person or any Collateralcollateral.

Appears in 1 contract

Samples: Credit Agreement (Encana Corp)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, protest, notice of non-performance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateral.

Appears in 1 contract

Samples: Subsidiary Guaranty (Afa Products Inc)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party Party, any Guarantor or any other Person or any Collateral.. Form of Guaranty

Appears in 1 contract

Samples: Credit Agreement (Del Monte Foods Co)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, and any requirement that the any Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateral.

Appears in 1 contract

Samples: Credit Agreement (World Color Press Inc.)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party the Borrower or any other Person or any Collateral.

Appears in 1 contract

Samples: Credit Agreement (Medcath Corp)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, Guaranty acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateral.

Appears in 1 contract

Samples: Domestic Guaranty (Sensata Technologies B.V.)

Waivers and Acknowledgments. (a) Each Guarantor Guarantor, to the extent not prohibited by applicable Legal Requirement, hereby unconditionally and irrevocably waives promptness, diligence, presentment, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party the Borrower or any other Person or any Collateralcollateral.

Appears in 1 contract

Samples: Credit Agreement (Nine Energy Service, Inc.)

Waivers and Acknowledgments. (a) Each Guarantor Guarantor, to the extent not prohibited by applicable law, hereby unconditionally and irrevocably waives promptness, diligence, presentment, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Lender Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party the Borrower or any other Person or any Collateralcollateral.

Appears in 1 contract

Samples: Credit Agreement (NOW Inc.)

Waivers and Acknowledgments. (a) Each Guarantor Guarantor, to the extent not prohibited by applicable law, hereby unconditionally and irrevocably waives promptness, diligence, presentment, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party the Borrower or any other Person or any Collateral.. Exhibit C – Form of Second Amended and Restated Guaranty Agreement

Appears in 1 contract

Samples: Credit Agreement (Hi-Crush Partners LP)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably --------------------------- waives promptness, diligence, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Guaranteed Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party the Borrower or any other Person or any Collateralcollateral.

Appears in 1 contract

Samples: Schedules and Exhibits (National Golf Properties Inc)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, presentment, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guarantee and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto Property or exhaust any right or take any action against any other Loan Party the Borrower or any other Person or any Collateral.

Appears in 1 contract

Samples: Credit Agreement (Kimbell Royalty Partners, LP)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent Agent, any Secured Party or any other Secured Party Hedge Bank protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateralcollateral.

Appears in 1 contract

Samples: Credit Agreement (Hersha Hospitality Trust)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Lender Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateral.collateral. 110

Appears in 1 contract

Samples: Credit Agreement (Campus Crest Communities, Inc.)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets Offshore Guaranty 270 subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateral.

Appears in 1 contract

Samples: Credit Agreement (Tanner Chemicals Inc)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent Agent, any Lender or any other Secured Party Hedge Bank protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateralcollateral.

Appears in 1 contract

Samples: Term Loan Agreement (Hersha Hospitality Trust)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives (to the extent permitted by law) promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Foreign Guaranty and any requirement that the Foreign Administrative Agent or any other Foreign Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Foreign Loan Party or any other Person or any Collateral.

Appears in 1 contract

Samples: Foreign Guaranty (Chemtura CORP)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Note Party or any other Person or any Collateral.

Appears in 1 contract

Samples: Note Agreement (Triple Crown Media, Inc.)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Lender Party protect, secure, perfect protect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any CollateralPerson.

Appears in 1 contract

Samples: Assumption Agreement (Minnesota Products Inc)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Collateral Agent or any other Secured Guaranteed Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party the Borrower or any other Person or any Collateralcollateral.

Appears in 1 contract

Samples: Senior Secured Loan Agreement (Ugly Duckling Corp)

Waivers and Acknowledgments. (ac) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Agreement and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateral.

Appears in 1 contract

Samples: Collateral Agreement (Lmi Aerospace Inc)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, marshaling, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against the Company, any other Loan Party Guarantor or any other Person or any Collateral.collateral. 141

Appears in 1 contract

Samples: Credit Agreement (Perspecta Inc.)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets Property subject thereto or exhaust any right or take any action against the Pledgor, any other Loan Party or any other Person or any Collateral.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Kgen Power Corp)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives waives, to the extent permitted by applicable Law, promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Guarantied Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party Lender protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateral.

Appears in 1 contract

Samples: Credit Agreement (Crown Castle International Corp)

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured LenderSecured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan Party or any other Person or any Collateralcollateral.

Appears in 1 contract

Samples: Credit Agreement (Summit Hotel Properties, Inc.)

Waivers and Acknowledgments. (a) Each The Guarantor hereby unconditionally and irrevocably waives waives, to the fullest extent permitted by law, promptness, diligence, notice of acceptance acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party Lender protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against any other Loan the Account Party or any other Person or any Collateralcollateral.

Appears in 1 contract

Samples: Metlife Inc

Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty, Guaranty and any requirement that the Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property or assets subject thereto or exhaust any right or take any action against the Borrower, any other Loan Party Guarantor or any other Person or any CollateralCollateral (except as shall be required by applicable law and cannot be waived).

Appears in 1 contract

Samples: Credit Agreement (Massic Tool Mold & Die Inc)

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